1. What should the family members do after receiving the detention notice?
1. After receiving the detention notice, the family members can take the following measures:
(1) Family members confirm whether the criminal suspect is under criminal detention or administrative detention. Administrative detention generally does not exceed fifteen days, so don't worry too much. For criminal detention, after the family members confirm that it belongs to criminal detention according to the notice, they can know the accused crime, the place of detention, the unit where the person in charge of handling the case is located, and the name of the person handling the case.
(2) sending clothes, money, etc. Take them to the place where they are detained. Choose the right clothes according to different seasons, without buttons or zippers. You can deposit a certain amount of money in the suspect's account for daily needs.
(three) should immediately get in touch with the lawyer, entrust a lawyer to intervene, meet with the criminal suspect, understand the case and provide defense.
2. Legal basis: Articles 34 and 39 of the Criminal Procedure Law of People's Republic of China (PRC).
Second, the difference between criminal detention and administrative detention
1, with different properties.
Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Administrative detention is a punishment for public security management, and it is essentially an administrative punishment. Its purpose is to punish and educate people who commit ordinary illegal acts.
2. The legal basis is different.
Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Administrative detention shall be taken according to the Administrative Punishment Law, the Public Security Administration Punishment Law and other administrative regulations.
3. Different applicable objects
Criminal detention is applicable to flagrante delicto or major criminal suspect in criminal cases. Administrative detention is applicable to people who have ordinary illegal acts. There is a boundary between crime and non-crime.
4. Different periods of detention
The longest period of criminal detention for ordinary active criminals and major suspects is 14 days, and the longest period of detention for major suspects who commit crimes on the run, commit crimes for many times, and commit crimes in collusion is 37 days. The longest period of administrative detention is 15 days.
According to the provisions of the Criminal Procedure Law, after receiving the notice of detention, family members must first determine what detention it is. If it is administrative detention, they need not worry too much. If it is criminal detention, it is necessary to first understand the situation of the case, determine the place where the relatives are detained the most, and then provide some relatives of the financier. The most important thing is to entrust a lawyer to defend and meet relatives. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.